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Case Name Bend v. Shamrock Services, et al.
Date 02/28/2011
Note A judge of compensation claims could not deem a policy void merely because an employer had lied on its insurance policy and avoided two audits.
Citation 1D10-0019
WCC Citation WCC 23322011 FL
Roy D. Wasson of Wasson and Associates, Chartered, Miami, for the Florida Justice Association, Amicus Curiae in support of Appellant. Background On January 15, 2008, Claimant was involved in a high-speed automobile accident while driving a truck owned by the Employer (Amar Prakash doing business as Shamrock Services). Zenith denied Claimant's claims for workers' compensation benefits on the basis that Claimant was not the Employer's employee but, rather, an independent contractor. (2007) (defining employee to include independent contractors and subcontractors performing services within the construction industry); 440. 10(1)(b), Fla. Stat. In an oral ruling on the record, specifically incorporated into the order on appeal, the JCC found, "Shamrock Services probably should have been a Shamrock lawn service and also a separate Shamrock paint service and also perhaps a separate Shamrock property management and parking lot Service, and perhaps even a separate Shamrock deck-building service," and "Shamrock paint services didn't exist and it should have. "

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